Unit 2: Understanding FIRs, Affidavits and Other Documents

UNIT 2: UNDERSTANDING FIRs, AFFIDAVITS & OTHER DOCUMENTS IN

CRIMINAL CASES

2.1 Introduction
2.2 Objectives
2.3 FIRs
2.4 Affidavits
2.5 Other documents in criminal courts
2.6 Summary
2.7 Questions for Content
2.8 Questions for Discussion
2.9 Suggested Readings

2.1 INTRODUCTION

First Information Reports (FIRs), affidavits, and other documents play a critical role in
the criminal justice system. First Information Reports serve as the means of reporting a
crime and thereby setting in motion the criminal justice process from investigation
through acquittal or conviction. Affidavits are the means of furnishing information under
oath in judicial proceedings. Given the centrality of these documents to criminal
proceedings, this unit will provide an overview of these documents, the functions they
serve, the procedures used in filing them, their various components, and the legal bases
for their application in legislation and judicial decisions.

2.2 OBJECTIVES

After going through this unit, you should be able to:

• Understand the meaning, structure and contents of First Information Reports

(FIRs).
• Know the importance of FIRs, their relevance in initiating criminal proceedings,
and other details about FIRs.

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 Unit 2: Understanding FIRs, Affidavits and Other Documents

• Know what affidavits are, their admissibility as evidence in courts of law,

different forms of affidavits, and variance in their structure.
• Attain a level of familiarity with a relevant sample of other documents that are
important in the functioning of criminal courts.

2.3 FIRST INFORMATION REPORT (FIR)

The FIR serves as the basis for reporting a crime and initiating investigation and
subsequent criminal proceedings under section 154 of the Code of Criminal Procedure,
1973.1 The FIR refers to the first information about the commission of an offence
provided to the police (either orally or in writing), and then recorded by the police in
writing and signed by the informant.2 An FIR is only registered for a cognizable offence,
which is a serious offense posing an immediate danger, such as murder, rape, kidnapping,
robbery, trespassing, rioting.3 For cognizable offences, police can investigate without a
magistrate order and/or arrest without a warrant.4 One can still report to the police non-
cognizable offences, which are less serious crimes that generally have less than a
minimum sentence of three years imprisonment,5 but the recorded statement does not
have the same legal status as an FIR. This section will provide a brief overview of some
of the main issues related to FIRs.

Who can lodge an FIR?

• A victim of a crime or somebody on her/his behalf,

• A witness to a crime
• Any person, even someone who has heard an account second hand.6 Indeed,
any person who has information about the commission of an offence or
someone’s intention to commit an offence must provide that information to
the police or a magistrate.7

                                                            
1
Code of Criminal Procedure 1973 (CrPC), sec. 154. The entirety of the CrPC, including the remaining
sections cited in this unit, can be found at: http://www.vakilno1.com/bareacts/CrPc/Criminal-Procedure-
Code-1973.htm.
2
Id.
3
See South Asia Human Rights Documentation Center (SAHRDC) HANDBOOK OF HUMAN RIGHTS AND
CRIMINAL JUSTICE IN INDIA: THE SYSTEM AND PROCEDURE, 15-16 (Oxford University Press 2006)
(Hereinafter “SAHRDC Handbook”).
4
CrPC, sec. 156(1).
5
For a list of cognizable and non-cognizable offences, see CrPC, The First Schedule, Ch. V., Available at:
http://www.vakilno1.com/bareacts/CrPc/sSCI.htm.
6
See, e.g., Apren Joseph v. State of Kerala, 1973 AIR 1.
7
CrPC, sec. 39.
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 Unit 2: Understanding FIRs, Affidavits and Other Documents

Purpose of an FIR

The FIR serves two main purposes. First the filing of an FIR causes the police to begin
investigating the crime reported.8 Second, the FIR itself provides a first account of the
events involved in the commission of a crime, which can prove quite useful since
memories and accounts of events can change over time.9 Given these two purposes, an
FIR and the information recorded in an FIR can have serious consequences and thus great
care must be taken to ensure that accurate information is recorded in the FIR.

How to lodge an FIR

As soon as possible after witnessing or falling victim to a crime, an individual should

report the incident to the police.10 The report should either be in writing or the officer in
charge should record the statement and have it verified by the informant; in both cases,
the informant should sign the document.11 If a person has provided information to the
police at the scene of a crime, that individual should still go to the police station to
formally lodge an FIR.12 An individual can lodge an FIR over the phone if the informant
identifies herself/himself, provides information of a cognizable offence, and ensures the
officer in charge accurately records the statement.13

Regardless of the method of recording, a person lodging an FIR should provide all
relevant information known to her/him and must attempt to provide as reliable and
accurate an account as possible. Indeed, any one who gives false information regarding
an offence can face up to two years imprisonment.14 Since police may file an FIR in a
language other than that which the informant understands, the informant should have the
FIR translated to ensure the accuracy of its contents prior to signing.15 In any event, the
police should provide a free copy of the recorded FIR to the informant.16

                                                            
8
See SAHRDC Handbook, supra note 3, at 17.
9
See Id.
10
See Id.
11
Someone who refuses to sign an FIR can face criminal punishment. Indian Penal Code (IPC), 1860, sec.
180. The entirety of the Indian Penal Code can be viewed at:
http://www.vakilno1.com/bareacts/IndianPenalCode/indianpenalcode.htm.
12
See Id.
13
See Tohal Singh v. Rajasthan, 1989 CRI LJ 1350 (Raj HC) (Found in Id).
14
IPC, sec. 203.
15
See SAHRDC Handbook, supra note 3, at 18.
16
CrPC, sec. 154(2).
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 Unit 2: Understanding FIRs, Affidavits and Other Documents

Format of an FIR

Although the precise format varies from state to state, the recording police officer should
document the lodging of an FIR in a format like that of the following:

RECORD

FIRST INFORMATION REPORT

No._____________

1. District___________ Police Station_____________ Year___________ FIR

No._______ Date__________
2. (i) Act______________________ Sections_________________________
(ii) Act______________________ Sections_________________________
(iii) Act______________________ Sections________________________
(iv) Other Acts & Sections______________________________________
3. (a) Occurrence of Offence: Day __________ Date from_________ Date
to_____________ Time Period________ Time from________ Time to_________
(b) Information received at Police Station________________________________
Date_______________ Time________________
(c) General Diary Reference Entry No.___________________
Time_______________
4. Type of Information___________________ Written/Oral_________________
5. Place of occurrence:
(a) Direction & Distance from Police Station_______________________
(b) Address_________________________________________________
(c) In cases outside jurisdiction of this police station then the Name of the Police
Station____________ District____________
6. Complainant/ Informant
(a) Name
(b) Father’s/Husband’s Name
(c) Date/ Year of birth
(d) Nationality
(e) Passport No.____________ Date of Issue___________ Place of
Issue________
(f) Occupation______________________________________________________
(g)
Address_________________________________________________________

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 Unit 2: Understanding FIRs, Affidavits and Other Documents

7. Details of known/suspected/unknown accused with full particulars (Attach separate

sheet if necessary)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
________________________
Physical Features, deformities & other details of the suspect:
Sex Date of Build Height Complexion Identification
Birth/Year (cms) marks

Deformities/ Teeth Hair Eye Habits Dress Habits

Peculiarities

Language/Dialect Place of

Burn Leucoderma Mole Scar Tattoo

marks

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 Unit 2: Understanding FIRs, Affidavits and Other Documents

1. Reasons for delay in reporting by the complainant/

informant__________________________________________________________
__________________________________________________________________
_______________
2. Particulars of properties stolen/involved (Attach Separate Sheet if necessary)
__________________________________________________________________
__________________________________________________________________
3. Total Value of Properties Stolen
_________________________________________
4. Inquest Report

5. FIR contents (Attach Separate Sheet if necessary)

6. Action taken: Since the above report reveals commission of offences u/s
as mentioned at Item No. 2 registered the case & took up the
investigation/ directed______________ Rank______________ to take up the
investigation/refused investigation/transferred to Police Station
________________ on point of jurisdiction FIR read over to the complainant/
informant admitted to be correctly recorded and a copy given to the complainant/
informant free of cost
7. Signature/ Thumb Impression of the complainant/
informant_______________________
8. Signature of Officer-in-charge, Police Station
9. Date & time of dispatch to the Court

Essentials of an FIR

An FIR should contain at least the following information:17

1. Identifying information of the informant/victim and the accused if known

2. Details regarding the offence, including the date, place, and time
3. An accurate description of the offence and the events related to the offence
4. The identity of any other victims or witnesses to the offence
5. Any reasons for delay in reporting the offence

                                                            
17
See, e.g., Pedda Narayana and Ors v. State of Andhra Pradesh, 1975 AIR 1252. See also SAHRDC
Handbook, supra note 3, at 18.
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 Unit 2: Understanding FIRs, Affidavits and Other Documents

What if there is a delay in lodging an FIR?

Various reasons could cause a person to delay in lodging an FIR, including the physical
or mental condition of the informant, natural calamities, distance between the site of the
crime and the police station, threats or promises made by others, and so forth.18 While a
delay does not invalidate an FIR, courts will view FIRs lodged after longer delays with
suspicion and assess their contents to contain less reliable evidence.19

What happens to the FIR once it is lodged?

Once an FIR is lodged, if the officer in charge at the given police station has “reason to
suspect” that a cognizable offence has taken place, then she/he should send a report to a
local magistrate and begin investigating the alleged crime.20 The police should then
investigate the case without “unnecessary delay”21 and following the conclusion of an
investigation should submit either a challan (charge sheet) or a closure report to a
magistrate, depending on whether there is sufficient evidence.22 The magistrate then has
the power to decide whether to dismiss the charges,23 take cognizance of the case,24 or
order further investigation.25

Evidentiary Value of an FIR

Courts will not consider an FIR as primary or substantive evidence, meaning that the
contents of the FIR can only be used to corroborate or contradict information given by
the informant if she/he testifies at trial.26

Please answer the following Self Assessment Questions:

Self Assessment Exercise 1:

                                                            
18
See Apren Joseph v. State of Kerala, 1973 AIR 1.
19
See, e.g., Ram Jag v. State of U.P., 1974 AIR 606.
20
CrPC, sec. 157.
21
CrPC, sec. 173(1).
22
CrPC, sec. 173(2).
23
CrPC, sec. 203.
24
CrPC, sec. 190.
25
CrPC, sec. 159.
26
See Apren Joseph v. State of Kerala, 1973 AIR 1. See also The Indian Evidence Act, 1872, sec. 145,
157. The entirety of the Indian Evidence Act can be viewed at:
http://www.vakilno1.com/bareacts/indianevidenceact/indianevidenceact.htm.
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 Unit 2: Understanding FIRs, Affidavits and Other Documents

1. The principal purposes of an FIR are:

____________________________________________.
2. What information should an FIR contain?
________________________________________.

What to do if police refuse to register an FIR

Police have a legal obligation to register an FIR in most cases in which an informant has
presented information of a cognizable offence.27 If the police refuse to register an FIR,
an informant should first of all try to submit a written statement to the police and have the
police provide some recognition of receipt of the statement, either by stamping a copy of
the statement or providing a separate acknowledgment letter.28 In addition, an informant
can take formal legal action through either administrative or judicial channels.
Administratively, an informant can send a statement to the Superintendent of Police, who
must initiate an investigation if the statement indicates the commission of a cognizable
offence.29 Judicially, an individual can submit a complaint directly to a magistrate, who
can directly take cognizance of a case30 and/or direct the police or others to undertake
investigation.31

What to do if a false FIR is reported against you

If any proceeding or investigation has begun against an individual on the basis of an FIR,
that individual is entitled to a free copy of the FIR, among other documents.32 If a person
believes that the FIR filed against her/him is false, that person can make a complaint to a
magistrate, and the magistrate then has the authority to postpone the legal processes
against the accused and initiate investigations into the case,33 proceed with the case,34 or
dismiss the case.35 Any person wrongly accused could also submit a petition to the
appropriate High Court, which has the power to quash the investigation and the FIR,36
although the Supreme Court has called for the limited use of this power.37
                                                            
27
State of Haryana v. Bhajan Lal, 1992 AIR 604.
28
See SAHRDC Handbook, supra note 3, at 21.
29
CrPC, sec. 154(3).
30
CrPC, sec. 190.
31
CrPC, sec. 202(1)
32
CrPC, sec. 207(ii).
33
CrPC, sec. 202.
34
CrPC, sec. 204.
35
CrPC, sec. 203.
36
CrPC, sec. 482, Constitution of India, art. 226. The Constitution of India can be found at:
http://lawmin.nic.in/coi/coiason29july08.pdf.
37
See Talab Haji Hussain v. Madhukar Purshottam Mondkar, 1958 AIR 376, State of Haryana v. Bhajan
Lal, 1992 AIR 604.
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 Unit 2: Understanding FIRs, Affidavits and Other Documents

Please answer the following Self Assessment Question

Self Assessment Exercise 2:

1. Give three important features of an FIR (i)_____________________________

(ii)____________________________ (iii)
2. What are the two steps one can take if the police refuse to register an
FIR?___________________________________.

2.4 AFFIDAVITS

Black’s Law Dictionary defines an affidavit as follows:

“Affidavit – A written or printed declaration or statement of facts made voluntarily and

confirmed by the oath or affirmation of the party making it, taken before a person having
authority to administer such oath or affirmation.”38

Every court in every State will have different rules pertaining to the drafting and
submission of affidavits. This section will provide some general rules, which may or may
not apply in every particular case, based on the Code of Criminal Procedure, the Civil
Procedure Code, and state court amendments to the Civil Procedure Code.

Use of Affidavits

Courts generally have the power to admit affidavits into evidence in order to prove
facts.39 In a criminal case, generally any person can provide evidence through an
affidavit.40 If either the prosecution or the accused wants to examine or cross-examine the
person who attested to the facts in the affidavit, the court has the power to summon that
person to court.41 Indeed, the prosecution or defence can cross-examine a witness
specifically regarding the facts laid out in an affidavit made by that witness.42

                                                            
38
Black’s Law Dictionary, 58, 6th ed., 1990 (Found in Granada v. United States of America, 51 F.3d 82,
1995 (7th Circuit), Available at: http://openjurist.org/51/f3d/82).
39
Civil Procedure Code 1908, Order XIX – Affidavits (The First Schedule), Available at:
http://www.vakilno1.com/bareacts/CivilProcedure/sORDERXIX.htm.
40
CrPC, sec. 296(1).
41
CrPC, sec. 296(2).
42
The Indian Evidence Act, 1872, sec. 145.
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 Unit 2: Understanding FIRs, Affidavits and Other Documents

Under the Civil Procedure Code, if either party legitimately wants to cross-examine the
witness and if the witness can appear, then an affidavit of that witness cannot be admitted
into evidence.43 In some states, under the same circumstances, the affidavit can be
admitted into evidence but the Court can order the witness to appear in order to be cross-
examined.44

Affidavit Content

Affidavits should contain material facts that the declarant can prove based on her/his own
knowledge as well as material facts that the declarant has “reasonable ground to believe
to be true.”45 The affidavit should have these two different kinds of information written in
separate parts; for the beliefs, the declarant needs to articulate the grounds for such
beliefs.46 An affidavit should not contain any conclusions, arguments, or inflammatory
comments.47

In civil cases, in most circumstances, affidavits should contain information that the
deponent can prove himself/herself based on her own knowledge, rather than based on
hearsay or belief.48 In those circumstances where a particular court allows information
that is based on belief to be included in an affidavit, such as at times in interlocutory
proceedings, the declarant should clearly indicate as such.49

Sworn Statement

An individual must swear to the contents of her/his affidavit before a judge, a judicial or
executive magistrate, an appointed commissioner of Oaths, or an appointed notary.50

Style in Drafting Affidavits

Affidavits should simply provide a precise statement of material facts. Those who write
affidavits should use clear language and use the first person to describe what she/he is

                                                            
43
Civil Procedure Code 1908, Order XIX – Affidavits (The First Schedule).
44
See Uttar Pradesh Amendment to Indian Civil Procedure Code 1908, Order XIX – Affidavits (The First
Schedule).
45
CrPC, sec. 297 (2).
46
CrPC, sec. 297(2).
47
CrPC, sec. 297(3) (“The court may order any scandalous and irrelevant matter in the affidavit to be
struck out or amended.”).
48
See Allahabad High Court Amendment to Indian Civil Procedure Code 1908, Order XIX – Affidavits
(The First Schedule), Rule 3(1).
49
See Id.
50
CrPC, sec. 297(1).
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 Unit 2: Understanding FIRs, Affidavits and Other Documents

attesting to and knows.51 It can prove helpful to divide affidavits into short consecutively
numbered paragraphs, with each paragraph discussing a separate fact or subject.52

Whenever someone refers to a person or a place, the affidavit should contain as detailed
and correct a description as possible.53 Similarly, those who write affidavits should
include their own personal identification information, such as name, address, occupation,
etc. 54

Please answer the following Self Assessment Question

Self Assessment Exercise 3:

1. What is an affidavit?
_________________________________________________.
2. What is an affidavit used for?
.

2.5 OTHER DOCUMENTS IN CRIMINAL PROCEEDINGS

Various documents are involved in criminal proceedings. The remainder of this unit will
provide examples of some of these documents used at different stages of the criminal
process.

A. Application for search and production of articles/documents under CrPC sec. 93

In order for a police officer or other official to search for documents, evidence, property,
or other items, often they will require a search warrant.55 A search warrant, which can be
issued by a court during any phase of the criminal process from investigation through
trial, gives the legal authority to the officer to whom it is issued to search for a particular
item or in a particular place.56

                                                            
51
See Allahabad High Court Amendment to Indian Civil Procedure Code 1908, Order XIX – Affidavits
(The First Schedule), Rule 8.
52
See Allahabad High Court Amendment to Indian Civil Procedure Code 1908, Order XIX – Affidavits
(The First Schedule), Rule 5.
53
See Allahabad High Court Amendment to Indian Civil Procedure Code 1908, Order XIX – Affidavits
(The First Schedule), Rule 10.
54
See Allahabad High Court Amendment to Indian Civil Procedure Code 1908, Order XIX – Affidavits
(The First Schedule), Rule 6.
55
CrPC, sec. 93, 94.
56
CrPC, sec. 93(2).
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A court has the authority to issue a warrant for such reasons as: a) the court has reason to
believe that the person possessing an item needed by the court is not likely to adhere to a
summons demanding the production of the item;57 b) it is not known who currently
possesses an item needed by the court;58 c) the court has reason to believe that the place
for which the warrant is issued contains stolen property;59 d) the place for which the
warrant is issued contains documents that are illegal, such as those that contain material
that is seditious or obscene, among other grounds;60 or e) the criminal process will be
generally served by the search.61 Courts have discretion not to issue a search warrant
when one is applied for,62 and must take care in issuing a search warrant.63

The following provides the basic format for the document used to request a warrant from
a court:

IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE/ ASSISTANT

SESSIONS JUDGE/ JUDICIAL MAGISTRATE OF FIRST CLASS/ ________
METROPOLITAN MAGISTRATE AT ________________

Crl.M.P. No. ____________________________ of ___________________

In
S.C./C.C. No.____________________________ of ___________________
Or
Crime No. ______________________________ of ___________________
________________ Police Station ________________________

Between: -

In the case of State: The State of _______________ represented by its Station

House Officer __________________________

                                                            
57
CrPC, sec. 93(1)(a). Section 91 of the CrPC grants the court or police station officer in charge the
authority to issue a summons to a person to demand the production of a document or item that is needed for
investigation purposes.
58
CrPC, sec. 93(1)(b).
59
CrPC, sec. 94.
60
CrPC, sec. 95. For the various types of publication falling under this provision as being punishable under
the Indian Penal Code, see IPC, sec. 124(a), 153A, 153B, 292, 293.
61
CrPC, sec. 93(1)(c).
62
See Melicio Fernandes v. Mohan, AIR 1966 Goa 23, 26.
63
See Gangadharan v. Chellapan, 1985 Cri LJ 1517, 1520.
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 Unit 2: Understanding FIRs, Affidavits and Other Documents

In the case of private complaint: Furnish the name of complainant, her/his father’s/
husband’s name, age, occupation, religion and residence
____________________ Petitioner/ Complainant

And

Furnish the name of accused, her/his father’s/husband’s name, age, occupation,

religion and residence
_____________________ Respondent/ Accused

PETITION FILED ON BEHALF OF PETITIONER/ COMPLAINANT UNDER

SECTION 93 OF CrPC

1. The Respondent/ Accused is accused of offence under section ________ of Indian

Penal Code. (In case of State as complainant, detail the Crime No. __________ of
_______).
2. To support the case of complainant, the lists of articles/documents/things detailed
hereunder are most essential and they are in the custody of Respondent/Accused.
3. The Petitioner/Complainant apprehends that the Accused will not produce the
documents/articles/things which at a later point of time even on direction to
produce the same, as they are material to prove guilt of the accused. In view of the
essentiality of the same, the complainant seeks permission of the Hon’ble Court
for production of the same by an order of search and seizure.
4. It is therefore prayed that the Hon’ble Court may be pleased to issue warrant of
search of the house situated at _____________ person of the Accused, seize and
produce the same into the Court and pass such order or orders as the Court may
deem fit and proper.

Lists of articles/ documents/ things

1.
2.

Place:
Date:
Counsel for Petitioner/ Complainant

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 Unit 2: Understanding FIRs, Affidavits and Other Documents

B. Application for recall of arrest warrant under section 70(2) CrPC

A court may issue an arrest warrant in certain warrant cases and less frequently in
summons cases. A warrant case involves an offence punishable by death, life
imprisonment, or more than two years imprisonment,64 while a summons case
involves all other offences.65 After the issuance of an arrest warrant, an accused
person against whom the arrest warrant has been issued may apply to the court to
have the warrant cancelled.66 The following provides the general format for such an
application to have an arrest warrant cancelled:

IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE/ASSISTANT

SESSIONS JUDGE/JUDICIAL MAGISTRATE OF FIRST CLASS/
____________ METROPOLITAN MAGISTRATE AT ____________________

Crl.M.P. No. ____________________________ of ___________________

In
S.C./C.C. No.____________________________ of ___________________

Between: -

In the case of State: The State of _______________ represented by its Station

House Officer __________________________
In the case of private complaint: Furnish the name of complainant, her/his father’s/
husband’s name, age, occupation, religion and residence
____________________ Petitioner/ Complainant

And

Furnish the name of accused, her/his father’s/ husband’s name, age, occupation,
religion and residence
_____________________ Respondent/ Accused

                                                            
64
CrPC, sec. 2(x). A court does not have to issue a warrant in a warrant case and may choose to only issue
a summons. CrPC, sec. 204.
65
CrPC, sec. 2(w). A court generally issues a summons to demand the appearance of a person in court in a
summons case. CrPC, sec. 204. Sometimes the court will issue a warrant if there is reason to believe the
person has fled or otherwise will not appear. CrPC, sec. 87(a).
66
See CrPC, sec. 70.
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PETITION FILED ON BEHALF OF PETITIONER/ ACCUSED UNDER

SECTION 70(2) CrPC

1. The Petitioner/Accused is accused of offence under section __________ of the

Indian Penal Code. (In case the State is complainant, furnish the Crime No.
_________of ________)
2. The Petitioner/ Accused is innocent of the offence. The accused/ witness failed to
appear before the Hon’ble Court on _______ the date on which the matter stood
posted for his appearance/ to give evidence in the above case. The reason for the
absence of Accused/ Witness on ___________ is due to ______________ (Assign
reason here).
3. Consequent to the failure of appearance of accused/ witness on ___________ this
Hon’ble Court was pleased to issue warrant of arrest against the accused/ witness.
The warrant of arrest not yet executed against him.
4. The petitioner/ accused/ witness undertakes to appear before the court in future as
and when required without fail.
5. The petitioner/ accused therefore prays that the Hon’ble Court may be pleased to
order recall warrant of arrest issued against the petitioner/ accused/ witness and
pass such other order or further orders as the court may deem fit and necessary in
the circumstances of the case.

Station:
Date:
Counsel for Petitioner/ Accused/ Witness

C. Application for the medical examination of the Accused

An arrested person has the right under the CrPC to request a medical examination if that
examination will provide evidence that will disprove her/his commission of the alleged
offence for which the person was arrested.67 Unless the request is being made to delay
proceedings or thwart justice, the magistrate shall order the medical examination.68

APPLICATION FILED BY THE PETITIONER UNDER SECTION 54 of CrPC

1. The petitioner herein submits that he is accused of offences __________ IPC.

In fact the petitioner is innocent.

                                                            
67
CrPC, sec. 54.
68
Id.
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 Unit 2: Understanding FIRs, Affidavits and Other Documents

2. The petitioner further submits that he was arrested by the police on

________________ and thus has been kept in continuous police custody.
3. The petitioner further submits that he was tortured while in custody by the
police and he was also threatened that those illegal acts should not be revealed
before the Court.
4. In the said circumstances, it is prayed that this Hon’ble Court may be pleased
to order medical examination of petitioner by a medical practitioner and also
pass such other suitable orders as this Hon’ble Court may deem fit and proper
in the circumstances of the case.
Place:
Date:
Advocate for petitioner

D. Application for Adjournment

The Supreme Court has interpreted the right to life under Article 21 of the Constitution to
include a right to a speedy trial.69 While the CrPC calls for all proceedings to “be held as
expeditiously as possible,”70 it also grants courts the power to adjourn proceedings for
reasonable periods of time.71 The following provides an example of the format for
making an application for an adjournment:

IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE/ ASSISTANT

SESSIONS JUDGE/ JUDICIAL MAGISTRATE OF FIRST CLASS/
____________ METROPOLITAN MAGISTRATE AT ____________________

Crl.M.P. No. ____________________________ of ___________________

In
S.C./C.C. No.____________________________ of ___________________

Between: -

In the case of State: The State of _______________ represented by its Station house
Officer __________________________

                                                            
69
Hussainara Khatoon v. Home Secretary, State of Bihar, Patna (II), AIR 1979 SC 1369.
70
CrPC, sec. 309(1).
71
Id.
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In the case of private complaint: Furnish the name of complainant, her/his father’s/
husband’s name, age, occupation, religion and residence
____________________ Petitioner/ Complainant

And

Furnish the name of accused, her/his father’s/husband’s name, age, occupation,

religion and residence
_____________________ Respondent/ Accused

An application on behalf of the accused is as under: -

That today, the matter is fixed for hearing. However, the concerned Advocate for the
accused is unable to attend the court as he is not feeling well (or any other reason).
It is therefore, prayed that the matter may kindly be adjourned to a suitable date.

Place:
Date:
Advocate for the accused _______________________

2.6 SUMMARY

First Information Reports

¾ An FIR is the first information provided to and then recorded by the police
regarding a cognizable offence
¾ Any person can lodge an FIR
¾ The FIR causes the police to initiate an investigation and serves as a first account
of events related to the commission of an offence
¾ Any person can lodge an FIR orally or in writing, should do so as soon as
possible, and should ensure that the information recorded is accurate
¾ An FIR should contain basic information about the alleged offence, the accused,
the informant, victims, witnesses, and any delays in reporting the offence
¾ After an FIR is lodged, the police should investigate the crime and report to a
magistrate
¾ If the case goes to trial, the FIR serves as corroborative evidence

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 Unit 2: Understanding FIRs, Affidavits and Other Documents

Affidavits

¾ Affidavits are written statements of fact voluntarily made under oath

¾ Affidavits can be admitted into evidence, but the prosecution and defence must
have the opportunity to examine and cross-examine the persons who made the
affidavits
¾ Affidavits can contain both known facts and beliefs, as long as the grounds for
belief are stated
¾ Affidavits should have clear language, stating facts in a format that is easy to
read.

Other Documents

¾ Application for search warrants: search warrants provide police or other officials
the authority to search for documents, evidence, property, or other items
¾ Application for recall of arrest warrants: after an arrest warrant is issued, an
accused can apply to have the warrant cancelled
¾ Application for medical examination: an accused person can apply to have a
medical examination if it will prove her/his innocence
¾ Application for adjournment: the prosecution or defence can apply to have a trial
delayed for a reasonable period of time.

2.7 QUESTIONS FOR CONTENT

1. Who can lodge an FIR?

2. Will an affidavit be admitted as evidence in court?

3. For what reasons can a court issue a search warrant?

4. Write an application for adjournment on behalf of a Public Prosecutor seeking

an adjournment because the attorney had an accident and is unable to attend.

Answers to questions for content

1. Anyone can lodge an FIR.

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 Unit 2: Understanding FIRs, Affidavits and Other Documents

2. Yes, an affidavit can be admitted in court as corroborative evidence, though not as

substantive evidence.

3. A court can issue a warrant if someone is likely to not obey a summons to

produce an item, an item’s current possessor is unknown, the place to be searched
has stolen property or documents that contain illegal material, or other reasons
serving the criminal justice process.

2.8 QUESTIONS FOR DISCUSSION

1. What do you think can be done to deal with the systematic problem of police
officers refusing to register FIRs?

2. Do you think that a defendant in a criminal case must have the opportunity to
examine every person who submits an affidavit? Why?

2.9 SUGGESTED READINGS IN ADDITION TO CITED SOURCES

1. K.S. Gopala Krishnan & M.L. Gogia, CRIMINAL PLEADINGS (LAW, PRACTICE &
PROCEDURE), 1st ed., (ALT Publications 1998).

2. S.N. Misra, THE CODE OF CRIMINAL PROCEDURE, 13th ed., (Central Law
Publications 2006).

3. Rajaram S. Retawade, LEGAL DRAFTING, 7th ed., (2008).

4. “Broken System: Dysfunction, Abuse, and Impunity in the Indian Police”, Human
Rights Watch, 111 (August 2009), Available at:
http://www.hrw.org/en/reports/2009/08/04/broken-system-0.

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